On The Analysis Of Production Systems Subrogation

Subrogation analysis production system is another system, maintain the lawfulrights and interests of creditors with the subrogation system execution can be resolvein the judicial practice of "difficult to execute" two effective path, they are from adifferent Angle to safeguard the legitimate rights and interests of the creditors.Subrogation analysis production system in the judicial practice, however, did notcause the important functions of theoretical and practical circles in our country ofsystem of subrogation analysis to produce enough attention, which is not a lot ofscholars on the in-depth and systematic study, which leads to the improvement of thesystem of subrogation analysis to produce content and development at a standstill.From Lin Jianxiong and Chen Xiongfeng subrogation analysis to produce disputecases, combined with the dispute focus, focus on subrogation chromatography systemof producing and the case involves the related theory of knowledge to make a briefintroduction.Besides preface and epilogue, this article mainly includes the case introduction,cases involving focus of theoretical analysis, research conclusion three major parts.The first part introduce the case. In this part the author mainly introduces the LinJianxiong Chen Xiongfeng and the basic content of subrogation analysis to producedispute cases, including the plaintiff’s claims, the defendant argued and the court ofthe cognizance of the case fact, two levels of the judgement, in which case the focuson the case and disputes. This case is the main focus of the cognizance of the legalrelationship between the parties, the second is to relevant homes they share commonbetween the defendant and the defendant between the provisions of the ownership ofthe house will be against a third party.The second part is the cases involving the focus of theoretical analysis. Thedepartment is divided into the core of the paper. The first focus involves thesubrogation analysis system of production, the author from the meaning of propertyrights of subrogation analysis, basic features, applied conditions, subrogation analysisproperty and related rights discrimination and in a suit of subrogation analysisproperty between the parties the cognizance of the legal status of several aspects, suchas interpretation of subrogation analysis system. Second focus involves how to differentiate in common ownership and co-ownership, the author mainly frombetween the two was established on the basis of the hand, joint ownership based onmutual relations, is the picture of "people", and the co-ownership does not require theownership with the existence of the mutual relationship, between people is the resultof "to together". Third focus involves stipulated for joint property can be against athird party, according to the principle of public summons of real right is stipulatedproperty rights without registration is not the effectiveness of the real right change,even if have related real right change agreement between the parties, the agreementalso can only in the legal effect of contract between the parties, not to mention againsta third party.The third part is the research conclusion. This part of the focus in thecombination of the above theoretical analysis to solve the dispute. First, in this case,the plaintiff based on "seizure, execution, attachment to set" of the defendant shallhave the right to subrogation analysis is produced, shall have the right to filesubrogation litigation analysis yields. Second, in this case the defendant to therelevant housing rights between nature belong to joint ownership. Although in thiscase, on which the defendant does not exist between the joint ownership is thepremise of mutual relations, but, according to China’s "property law" the103th aboutrules of presumption of nature shows that there are no mutual relations betweenpeople, they agreed to joint ownership of the joint property, also is recognized by thelaw. Third, the defendant in the case of joint property between prescribed propertyrights without registration is not the effectiveness of the real right change, even ifhave related real right change agreement between the parties, the agreement also canonly in the legal effect of contract between the parties, not to mention against a thirdparty. Fourth, the handling of the case, the author, based on analysis of the aboveproblems, and put forward their own views on the processing of the case.